Sub-Postmasters: Compensation

Andrew Mitchell Excerpts

Tuesday 22nd March 2022 Commons Chamber

[Mr Speaker]

And we will hear it first in the Chamber, and we will make sure it is done via a statement, rather than by me granting urgent questions. Lovely, Minister.

[Mr Andrew Mitchell (Sutton Coldfield) (Con)]

I very much welcome what my hon. Friend has said today, and there is no doubt that he has been part of the resolution of this problem, but he will know that across the House for many, many months everyone has accepted that this is a huge miscarriage of justice and a disgrace. There is an independent inquiry, which he has rightly referred to today, but will he make sure that within Government there is a lessons learned process and lessons drawn for the future, so that the role of Government, too, is placed under the microscope, to ensure that nothing like this ever happens again?

[Paul Scully]

First, my right hon. Friend talked about the independent inquiry, and I want to answer the earlier question about Fujitsu. Fujitsu is not on the preferred list of Government suppliers, but it can tender for Government contracts. Indeed, when we hear from the independent inquiry, that will give us all the information we need for how we move our relationship going forward.

To speak to the point that my right hon. Friend made, we always want to learn lessons, not just on what happened with the scandal, but on how we have handled it recently. Covid has taught us how to accelerate decision making, which has given me some of the weaponry I needed to get to this point quicker than we might have done in normal times. There are plenty of lessons we will be learning in the Government.

Corporate Transparency and Economic Crime

Andrew Mitchell Excerpts

Monday 28th February 2022 Commons Chamber

[Kwasi Kwarteng]

I am grateful for the hon. Lady’s remarks. As far as the enablers are concerned, we have legislation already on the statute book. As my right hon. Friend the Foreign Secretary said in her statement, we are looking at other measures to tighten the regime.

We work with DA Ministers constantly. The Under-Secretary of State, my hon. Friend the Member for Sutton and Cheam (Paul Scully), has engaged ably and directly with DA Ministers, and we look forward to doing so.

This set of measures is only the beginning of the much tighter regime that we want to bring in. [Interruption.] People are chuntering from a sedentary position, but I would like to point out that these matters, particularly those regarding cryptocurrencies and cyber-crime, are complicated. We are trying to expedite legislation on those fronts as quickly as possible.

[Mr Andrew Mitchell (Sutton Coldfield) (Con)]

My right hon. Friend has brought excellent news to the House this afternoon, but will he at least acknowledge that the right hon. Member for Barking (Dame Margaret Hodge), my hon. Friend the Member for Amber Valley (Nigel Mills), my hon. Friend the Member for Thirsk and Malton (Kevin Hollinrake) and I have been asking the Government to do these things for the last four years and more? Will he now look at the other measures that we have advocated to clamp down on dirty money and money laundering? He is absolutely right about Companies House, but will he now ensure that it has real monkey glands for investigating, and is not just a library? That will require money and officials with great expertise, but sunlight, as ever, is the best disinfectant.

[Kwasi Kwarteng]

I welcome my right hon. Friend’s remarks. I pay tribute to him, and to Members on both sides of the House, for the excellent work that they have done in ensuring that the measures have been introduced in a timely way. I look forward to working with him to ensure that we have a good regime. Let me also point out that we have £63 million in the spending review to deal precisely with the funding of Companies House.

Economic Crime: Planned Government Bill

Andrew Mitchell Excerpts

Wednesday 26th January 2022 Commons Chamber

[Paul Scully]

I think the last comment is beneath the debate. The hon. Lady talks about Companies House reform. Clearly, a lot of work is already happening in Companies House and it supports law enforcement on hundreds of cases each month. We want to get the balance right to ensure that new entrepreneurs can set up businesses through Companies House easily and affordably. There is much more reform to be done, however, which is why our appetite remains undiminished. She talked about Lord Agnew, who I thank for his work on this area. I worked closely with him to put measures in place to tackle fraud in bounce back loans and other areas of Government. He was a great servant of the Government and I regret the fact that he has gone.

[Mr Andrew Mitchell (Sutton Coldfield) (Con)]

May I congratulate my hon. Friend the Member for Thirsk and Malton (Kevin Hollinrake) on raising the matter? I point out to the Minister that, over the last 10 years, the Government have made a lot of progress on this area but many hon. Members have put a lot of time and effort into working across the House to try to advance what is an important British agenda, not least at the G8 under David Cameron’s leadership. Companies House remains a good library, but it does not have investigatory powers, and it is there that we want progress to be made. Will he agree to meet me, my hon. Friend the Member for Thirsk and Malton and others who are concerned about progress in that area, together with those who run Companies House, to see whether we can make some progress?

[Paul Scully]

My right hon. Friend raises some interesting and important points. I will ask the relevant Minister, likely Lord Callanan from the other place, to meet him, but I am happy to meet him either way.

Postmasters with Overturned Convictions: Settlement Funds

Andrew Mitchell Excerpts

Wednesday 15th December 2021 Commons Chamber

[Paul Scully]

I welcome the hon. Gentleman to his place. He is right that we are not making the funding available from the goodness of our heart; we are doing so because it is the right thing to do. I do not think anybody—as well as being a Government Minister, I am a constituency MP and a human being—can read these cases and listen to those involved, and fail to be moved by what has happened over the last 20 years. The hon. Gentleman has asked a number of questions, so let me try to go through those.

A number of schemes are available, including the historical shortfall scheme, which the Post Office made public and wrote to a number of people about. About 2,500 people came forward, which was more than the Post Office thought would. That scheme is going through its process at the moment, and the Government are ensuring that it is pushed forward as quickly as possible. The Post Office has also written to 640 postmasters whose prosecution is believed to have had Horizon as a primary part; we will see what happens in terms of people coming back from that. The Court of Appeal will work through those appeals and the Post Office will go through the compensation process.

On the 555 who pioneered this work, I have said in my conversations with them and in correspondence that the settlement was full and final. However, I recognise what they have done and that none of this would have been possible without their work, and I will continue to work with them to see what we can do.

On the core funding that the hon. Gentleman talked about, this money is from government—it is from taxpayers—and it is separate. We have not paid for the Post Office’s litigation costs. Compensation will not come from core funding.

The hon. Gentleman asked about the time of the inquiry, and I would expect Sir Wyn Williams to give an update on that as soon as possible. Clearly, we want it to go through as quickly as possible, but we want to make sure it is thorough. There is a lot of documentation and complexity after two decades, as the hon. Gentleman can imagine.

[Mr Andrew Mitchell (Sutton Coldfield) (Con)]

I am grateful to my hon. Friend for his statement. Will he reflect on the fact that this extraordinary miscarriage of justice has been made worse by the fact that the Post Office could use public money to overwhelm these honest and decent postmasters and postmistresses, so that their legitimate recompense is all, or at least partly, gobbled up by massive legal fees? On behalf of the Government, the Minister will want to reflect on why it has taken so long for them to acknowledge and accept what Members on both sides of the House have been calling for, for years and years—none more so than our former colleague the right hon. Lord Arbuthnot. Will the Minister say a little more about what will be done to hold to account those who so shamefully led the Post Office, and so grievously let down the honest men and women who worked for them?

[Paul Scully]

I thank my right hon. Friend. As I said, the 555 sub-postmasters who were part of the High Court case performed a massive public service by exposing the wrongdoings within the Post Office, and I recognise the deep frustration at the fact that because they agreed that the settlement with the Post Office would be a full and final one, they do not qualify for these compensation schemes. I have met some of those people and, as I said, I will continue to work on what more we can do.

On the people who may be found liable, it is important that Sir Wyn Williams does his work, in an independent inquiry. I may have my own views, but it is not right for me, from this place, to be directing in one way or in one shape or form. I am hoping that he will get his work done quickly and as thoroughly as possible.

Whistleblowing

Andrew Mitchell Excerpts

Wednesday 3rd July 2019 Commons Chamber

[Norman Lamb]

I thank the hon. Gentleman for his support in pursuing the Dr Day case, and I completely agree with the points he makes.

Sir Robert Francis, in his 2015 “Freedom to Speak Up” report, spoke about how NHS whistleblowers who had given evidence to him overwhelmingly experienced negative outcomes, and he talked of a hostile culture of fear, blame, isolation, reprisals and victimisation—in our NHS, for goodness’ sake.

Those stories continue. The impact on individuals can be devastating and profound. They can be ostracised, abused and disadvantaged in their career, with dire consequences for their mental health. One nurse who tried to expose wrongdoing said, “I would never put myself in that position again. I would rather leave.” What a damning indictment of how we treat people in our treasured and cherished public service.

[Mr Andrew Mitchell (Sutton Coldfield) (Con)]

The right hon. Gentleman and I have both worked on the general issue of whistleblowing. I pay tribute to his leadership on the matter, along with that of my hon. Friend the Member for Stirling (Stephen Kerr), who I hope will catch your eye later, Mr Deputy Speaker.

The right hon. Gentleman is making some very good points, and we know two things. First, we know there is strong concern across the country about how whistleblowers are being treated. We see it in the west midlands, and he is articulating the point. Secondly, we know whistleblowers help to ensure proper accountability and transparency. In my view, the work that he and others are doing on whistleblowing has not received anything like the amplification it requires.

[Norman Lamb]

I totally agree with the points the right hon. Gentleman makes, and he makes them well. I will come on to discuss them in a moment.

--- Later in debate ---

[Norman Lamb]

I totally agree with the right hon. Lady. Sir Robert Francis, who did the report in 2015, recommended the introduction of “freedom to speak up champions” in the NHS, and that has happened. However, this is an administrative process within trusts that, I am afraid, simply has not worked—that is the brutal lesson that we have to learn.

For those who are covered by the legislation, the law does nothing to enable a concerned person to speak up in the first place. For example, the law is silent on standards expected from employers, and it offers only inadequate protection after the event—after the person has been destroyed by a cruel organisation. The individual who then tries to pursue their rights under the legislation is too often faced by highly paid lawyers and is pressured into non-disclosure agreements, which, as I indicated, can result in wrongdoing never being exposed. Indeed, we know that the terms of some non-disclosure agreements are unlawful because they seek to shut up the individual and to stop them speaking out, even when a crime is involved.

Only a tiny percentage of cases that are pursued to the tribunal actually end up with a decision of the tribunal. To succeed, someone must show that the reason—or, if there is more than one reason, that the principal reason—for a dismissal is that the employee made a protected disclosure. They therefore open themselves up to false claims that other reasons existed. If the tribunal decides that there were other reasons, either the person’s claim is dismissed or their compensation is reduced.

There is no full definition of the range of disclosures that are covered by the legislation, so the protection is completely uncertain. Disclosure has to be to a prescribed person, but what happens if someone does not know who to report their concerns to? They could easily find themselves entirely unprotected—for trying to do the right thing.

[Mr Mitchell]

Will the right hon. Gentleman give way?

[Norman Lamb]

I am conscious that I am trying the patience of the Deputy Speaker, and I need to get to the conclusion of my remarks.

The brilliant organisation Protect highlights the fact that a number of laws, such as in the utility sector, make it an offence to disclose certain information and include no public interest defence exceptions for whistleblowing. Even if there is awful wrongdoing, the person is prevented from speaking out, because they would commit a criminal offence. That surely has to change.

The brutal truth is that brave people who do society a service by exposing wrongdoing are not adequately protected, and many have no protection at all. After Gosport, I met the Prime Minister and made the case for reform. I explained to her that these are life or death situations in many cases. I have heard nothing from the Prime Minister at all since then, and that was last summer. It is time for a fundamental review by the Government and for new legislation. Such a review needs to listen to all the interested parties—to the all-party group on whistleblowing, to Protect and to Compassion in Care, which has set out proposals as part of what it calls Edna’s law. All must be involved, and we must look at international best practice.

The all-party group has a report due out soon. It follows a comprehensive survey, which included getting the views of very many people who have tried to whistleblow, and it will offer vital evidence to the Government. It will propose an office for the whistleblower, which could be of extremely powerful value in supporting people and would be a centre of excellence, providing guidelines to employers, monitoring activities and providing support, advice and training to members of the public, public institutions, private sector bodies and so on. It is a very important proposal.

I want a commitment from the Minister to undertake a thorough review, because it is long overdue. I also want a commitment to ensure that if the UK leaves the EU, it will at least meet the standards of the proposed new EU directive and preferably go much further. The UK was a pioneer, but the legislation is flawed and inadequate. New legislation to deliver high standards of governance in the public and private sectors is long overdue. We need safe space for brave people to do the right thing; effective mechanisms to hold people to account for wrongdoing that is uncovered, including potential criminal sanctions; and effective compensation and support for those who suffer as a result of speaking out.

[Kevin Hollinrake (Thirsk and Malton) (Con)]

It is a pleasure and an honour to follow the right hon. Member for North Norfolk (Norman Lamb), who has done such incredible work in this area and on the all-party parliamentary group on fair business banking, on which most of my remarks will focus. Many points in his speech resonated with me, particularly when he mentioned a whistleblower who said, “If I knew then what I know now, I never would have spoken out.” Every single whistleblower I have been in contact with has said exactly that. If that is the case, we have got this drastically wrong.

There is so much good work going on. The all-party group is doing tremendous work, and many of those people are in the Public Gallery today. Whistleblowers are so valuable to us in so many ways, as the right hon. Gentleman described. The principle underpinning the work that is happening is that they should be encouraged, their contribution should be valued and, of course—more than anything—they should be protected. From my experience within the financial services sector, that is the opposite of what happens; I will allude to a number of cases during my speech.

[Mr Mitchell]

May I take my hon. Friend back to the last comment made by the right hon. Member for North Norfolk (Norman Lamb)? He talked about the importance of an office for the whistleblower and addressed the critical problem of the lack of effective high-level co-ordinating leadership, and in my view a national office for the whistleblower would be the answer. Does my hon. Friend agree that the creation of a national office for the whistleblower—to protect, advise and support whistleblowers by overseeing, co-ordinating, setting standards and holding to account the regulators and employers—is the right way to proceed? The vital point is that it would not investigate cases of whistleblowing; it would ensure that cases are properly investigated by existing bodies, identify failings and successes, and propose systemic improvements that would help to get us out of this very difficult situation.

[Kevin Hollinrake]

I support that principle and many other recommendations mentioned by the right hon. Member for North Norfolk. I will be interested to hear from my hon. Friend the Member for Stirling (Stephen Kerr), who chairs the all-party parliamentary group on whistleblowing, when he speaks about his group’s recommendations.

I just know that this is something that we have got to get right that we have got wrong at the moment, because the people who step forward to take these risks can lose everything—their careers, their jobs and their livelihoods. It is devastating when they tell their loved ones that this is what they are doing. In addition, their colleagues, friends at work and self-esteem are put at risk. From the cases I deal with, it seems that that is all put at risk for no benefit, as people do not even achieve what they set out to by highlighting the issue, and they suffer devastating consequences as a result.

Car Production: Solihull

Andrew Mitchell Excerpts

Wednesday 16th January 2019 Commons Chamber

[Julian Knight]

I thank the hon. Gentleman for his intervention. I wonder whether he has seen my speech, because I am just about to mention Jaguar Land Rover’s successes, which are manifest. I mentioned employment at the start of my speech, and the reality is that we have gone back to the situation that we were in in 2016.

[Mr Andrew Mitchell (Sutton Coldfield) (Con)]

I congratulate my hon. Friend on securing this important debate. I have a feeling that I know what he is going to say, and he will have huge and strong support from my constituents in the royal town of Sutton Coldfield due to Jaguar Land Rover’s critical importance in our region.

[Julian Knight]

I thank my right hon. Friend for his intervention. I know for a fact that many people who work at Jaguar Land Rover live in his constituency, and the royal town of Sutton Coldfield is a close partner with Solihull in many respects, so I welcome his comment.

JLR faces serious challenges, but it is important not to allow them to eclipse what is still an encouraging picture overall. In 2010, it employed just 12,000 people in the UK. However, even after the latest reductions, it will still employ over 38,000 workers across the country, including 10,000 in Solihull—a more than threefold increase nationwide. The past eight years have also seen substantial revenue growth, from £6 billion a year to £25 billion a year—a more than fourfold increase. Over the past five years, JLR has invested some £80 billion in the UK, which is basically the same as the defence and education budgets put together. It is an enormous investment, and a further round of investment was announced alongside the job news last week.

Overall, the UK continues to enjoy the most productive automotive manufacturing sector in Europe, and productivity remains about 50% higher than the British manufacturing average. In short, Solihull remains a great place for British manufacturers and exporters, and I will do everything I can to help them succeed as part of the new Jaguar Land Rover development partnership, to which I will return later.

We must ensure that the details of this important issue are not confused or obscured. There is no doubt that our relationship with the European Union is a matter of serious concern to JLR and every other manufacturer that depends on international just-in-time supply chains, but JLR’s management has been clear that the driving forces behind the current reductions are twofold: a serious fall in demand in China and a slump in demand for diesel cars in the aftermath of the Volkswagen emissions scandal. Exposure to downturns in foreign markets is part and parcel of being an exporter, but the second reason—the fallout from the VW emissions scandal—is a problem made in Wolfsburg that is threatening jobs and investment in the UK.

For years, Governments of both parties encouraged Britons to buy diesel and, by extension, encouraged British car makers to service that need. According to Professor David Bailey, more than 90% of JLR’s domestic sales are diesels. But after Volkswagen was found to have been fiddling its emissions scores, we suddenly saw a scramble to be seen to crack down on diesel, which has had predictable results. Jaguar sales are down 26% so far this year, and that pattern has been repeated across the UK car industry, where overall diesel registrations have plunged by a third since January to March 2017.

Respected economists from the Centre for Economics and Business Research have shown that such policies are hugely detrimental to the economy. Many such policies also fail to account for the huge differences between old-fashioned diesel engines and so-called cleaner diesel alternatives of the sort manufactured by Jaguar Land Rover in my constituency. Those cars are just as clean as petrol alternatives. In fact, What Car? recently named a diesel as its car of the year, saying that it combined the low CO2 for which diesels are known with lower NOx output than many petrol alternatives. What is worse—this is perverse in many respects—many people are now switching to petrol without realising that they could be buying a more polluting vehicle than the diesel that they could have bought instead, perhaps at a good discount.